Post by jdaddy on Mar 8, 2008 8:54:18 GMT -4
Judge Dismisses IMEGA Challenge to UIGEA
BY: BOB PAJICH | bob.pajich@cardplayer.com
PUBLISHED: Friday Mar 07, 2008 01:22 PM
Despite Ruling, iMEGA Declares a Partial Victory
A federal judge dismissed the Interactive Media Entertainment & Gaming Association (iMEGA) case challenging the Unlawful Internet Gambling Enforcement Act (UIGEA) earlier this week, but he left the door open for the organization, which is comprised of members with financial interest in online gambling, to take the case to the Court of Appeals.
The ruling came eight months after iMEGA filed suit against the Department of Justice, the Federal Trade Commission, and the Federal Reserve to attempt to have the UIGEA declared unlawful and unconstitutional and wiped off of the books. The judge heard the case in late September.
U.S. District Judge Mary L. Cooper granted the defendant’s cross-motion to dismiss all six reasons that iMEGA claimed the UIGEA should not be enacted, legally. The reasons include a First Amendment violation claim, a violation of privacy claim, a First Amendment commercial speech claim, a claim that the UIGEA violates World Trade Organization agreements, a claim the UIGEA violates the 10th amendment (which protects state sovereignty), and the ex post facto law.
Cooper’s conclusion reads, in part, “… it is not the Court’s role to pass on the wisdom of a Congressional act or speculate on its effectiveness. The Court has determined that the challenge statute was lawfully enacted and does not impermissibly intrude on the Constitution’s guarantees.”
But IMEGA didn’t waste any time declaring at least a partial victory, despite Cooper’s dismissal of all the points iMEGA brought to her.
“IMEGA is very pleased that the Court recognized our standing and the weaknesses in UIGEA,” said Joe Brennan Jr., the chairman of iMEGA. “Judge Cooper found that banks, credit-card companies, and other payment system instruments are exempt from criminal sanctions under UIGEA, significantly undercutting UIGEA’s enforcement mechanism. Her ruling echoes the growing consensus of opinion that UIGEA is a fundamentally flawed statute.”
Eric M. Bernstein, Esq., attorney for iMEGA, had this to say about the ruling: “Granting iMEGA standing is a major victory any way you look at it. Judge Cooper’s ruling holds that, even with the passage of UIGEA, online gambling is only illegal in states where a statute specifically says it is.”
The complete ruling, including a statement from the organization, is posted on iMEGA’s website. The ruling issued by the court be found by clicking www.imega.org/wp-content/uploads/2008/03/imega-v-gonzales-et-al_3608.pdf
BY: BOB PAJICH | bob.pajich@cardplayer.com
PUBLISHED: Friday Mar 07, 2008 01:22 PM
Despite Ruling, iMEGA Declares a Partial Victory
A federal judge dismissed the Interactive Media Entertainment & Gaming Association (iMEGA) case challenging the Unlawful Internet Gambling Enforcement Act (UIGEA) earlier this week, but he left the door open for the organization, which is comprised of members with financial interest in online gambling, to take the case to the Court of Appeals.
The ruling came eight months after iMEGA filed suit against the Department of Justice, the Federal Trade Commission, and the Federal Reserve to attempt to have the UIGEA declared unlawful and unconstitutional and wiped off of the books. The judge heard the case in late September.
U.S. District Judge Mary L. Cooper granted the defendant’s cross-motion to dismiss all six reasons that iMEGA claimed the UIGEA should not be enacted, legally. The reasons include a First Amendment violation claim, a violation of privacy claim, a First Amendment commercial speech claim, a claim that the UIGEA violates World Trade Organization agreements, a claim the UIGEA violates the 10th amendment (which protects state sovereignty), and the ex post facto law.
Cooper’s conclusion reads, in part, “… it is not the Court’s role to pass on the wisdom of a Congressional act or speculate on its effectiveness. The Court has determined that the challenge statute was lawfully enacted and does not impermissibly intrude on the Constitution’s guarantees.”
But IMEGA didn’t waste any time declaring at least a partial victory, despite Cooper’s dismissal of all the points iMEGA brought to her.
“IMEGA is very pleased that the Court recognized our standing and the weaknesses in UIGEA,” said Joe Brennan Jr., the chairman of iMEGA. “Judge Cooper found that banks, credit-card companies, and other payment system instruments are exempt from criminal sanctions under UIGEA, significantly undercutting UIGEA’s enforcement mechanism. Her ruling echoes the growing consensus of opinion that UIGEA is a fundamentally flawed statute.”
Eric M. Bernstein, Esq., attorney for iMEGA, had this to say about the ruling: “Granting iMEGA standing is a major victory any way you look at it. Judge Cooper’s ruling holds that, even with the passage of UIGEA, online gambling is only illegal in states where a statute specifically says it is.”
The complete ruling, including a statement from the organization, is posted on iMEGA’s website. The ruling issued by the court be found by clicking www.imega.org/wp-content/uploads/2008/03/imega-v-gonzales-et-al_3608.pdf